The Convention on the Rights of the Child, adopted on November 20, 1989, imposes obligations on States parties to respect the rights of the child. The main obligations are set out in Part I of the Convention (articles 1-41), as well as in its Optional Protocol on the sale of children, child prostitution and
child pornography, and its Optional Protocol on the involvement of children in armed conflict. The Convention's complaints mechanism is provided for in its Optional Protocol on the communications procedure, which was adopted on 19 December 2011. It is a separate treaty open to States parties to the Convention and its two main Optional Protocols. States that have become parties to the Optional Protocol on the communications procedure recognize the competence of the Committee on the Rights of the Child, a group of 18 independent experts meeting twice a year, to receive complaints from individuals within their jurisdiction regarding alleged violations of their rights under the Convention and its two main Optional Protocols. In January 2013, the Committee adopted rules of procedure that apply to complaints submitted under the Optional Protocol.
Complaints may be submitted by individuals or groups of individuals claiming to be a victim(s) of a violation of the Convention and/or its Main Optional Protocols, regardless of whether their legal capacity is recognized in the State party against which the complaint is directed. Complaints may also be submitted by their designated representatives or by other persons acting on behalf of the alleged victim(s) with her (their) explicit consent. According to the Committee's rules of procedure, if there is suspicion that, despite the consent of the victim, representation may be the result of improper pressure or coercion, the Committee may request additional information or documents, including from sources acting as third parties, proving that the submission of a complaint on behalf of the alleged victim is not the result of improper pressure or coercion and is in the best interests of the child.
Complaints may be submitted on behalf of the alleged victim without such express consent, provided that the complainant can substantiate his treatment and the Committee recognizes it as in the best interests of the child. Whenever possible, the alleged victim on whose behalf the complaint is being submitted may be notified of the complaint, and her views are given due consideration in accordance with her age and maturity.
The Committee can help to achieve a friendly settlement of the complaints submitted to it. A friendly settlement should be based on respect for the obligations set out in the Convention and/or its main Optional Protocols. The Committee does not accept friendly settlement agreements that are not based on respect for such obligations.